Phillipsburg school officials claim they were unable to stop Bible distribution near high school

View full sizeCourtesy photoGideons International members on Tuesday handed out pocket-size copies of the New Testament at Phillipsburg High School.

As the dismissal bell rang Tuesday at Phillipsburg High School, senior Natalia Pfeifer was appalled at the sight awaiting her outside.

Men from the Christian group Gideons International were handing out orange, pocket-sized copies of the New Testament to students.

“They obstructed our way to buses and the parking lot and made sure each student got a chance to receive a copy,” Pfeifer said in an email. “I fully support the practice of freedom of religion, but not on school property.”

Though the incident was upsetting to Pfeifer, school officials say the distribution of religious literature was beyond their control: They say it was circulated on public sidewalks.

“If it’s on a public sidewalk -- no matter what my thoughts are -- I can’t stop it,” Assistant Superintendent George Chando said Friday. “They were within their legal rights.”

Internal vs. public

Witold Walczak, legal director of the American Civil Liberties Union, said that as long as the New Testaments were distributed on public sidewalks, the school did nothing wrong.

Anyone can circulate literature on a public sidewalk, he said.

But had the organization members been on a different type of sidewalk, the district could have set a precedent by allowing the distribution near the school, he said.

The attorney said courts allow schools to restrict distribution of literature on internal school sidewalks. He said once one group is allowed on the internal sidewalks, all groups are welcome.

“If the Ku Klux Klan went and handed out literature and they were kicked out, it would be unconstitutional,” Walczak said of the internal sidewalks. “It violates free speech right and violates the establishment clause, which is the mandated government neutrality to religion.”

Phillipsburg School Board President Kevin DeGerolamo agreed with Chando, saying that from his understanding the organization was on the perimeter sidewalks near the street and those sidewalks are public.

“If they want to use the public sidewalk, they have a right to do so,” DeGerolamo said.

Pfeifer said she was unsure the distribution was on public sidewalks. She said two Gideons International members were standing on a sidewalk in between school trailers 23 and 24. That sidewalk off Liner Boulevard extends under one of the trailers.

Pfeifer said the men were also standing on the sidewalk on Hillcrest Boulevard in front of the school. Stretches of grass separate the sidewalk from the street on that side.

Notification of officials

Chando, who is slated to succeed current Superintendent Mark B. Miller in July, said town police notified the school of the Gideons International visit close to dismissal Tuesday.

“I did send a memo to both shift commanders that they were going out there that day,” Phillipsburg police Chief James Faulborn said, noting police were not called to the school that afternoon. “The Gideons member indicated to me he was notifying the building school principal.”

The high school principal, Greg Troxell, deferred comment to Chando. The religious group failed to reach out to the school, according to Chando.